USE PERMITS for the following: 1) an expansion of the Gaming Enterprise District; 2) expansions to an existing resort hotel (Hard Rock) consisting of an additional 2,671 hotel rooms; 3) public areas including all casino areas, showrooms, live entertainment, shopping center, indoor and outdoor dining, offices, meeting/convention, back-of-house areas, and parking structures; 4) increase the height of the high-rise towers; 5) associated accessory and incidental commercial uses, buildings, and structures; and 6) deviations from development standards on 40.0 acres in a H-1 (Limited Resort and Apartment) Zone in the MUD-1 and MUD-2 Overlay Districts.

DEVIATIONS for the following: 1) reduced on-site parking; 2) encroachment into airspace; and 3) all other deviations as shown per plans on file.

DESIGN REVIEWS for the following: 1) a resort hotel/casino with high-rise towers including kitchens in rooms; and 2) all other accessory and incidental buildings and structures.

Generally located on the west side of Paradise Road and the north side of Harmon Avenue within Paradise. CG/am/dr

This request involves an expansion of the Gaming Enterprise District to the west of the existing Hard Rock Resort Hotel. Per the requirements of Title 30, the applicant has provided a survey of the vicinity, including a study to indicate that there are no developed residential districts within a 500 foot radius of the site, and no places of worship or educational uses within a 1,500 foot radius of the site. The plans indicate that the proposed expansion involves the construction of 6 new high-rise towers to accommodate the additional 2,671 hotel rooms, with 4 of the towers located on the northwest side of the site. The total number of rooms for the resort including the proposed additions is 3,328 hotel rooms. A tower to the north is located immediately south of the existing north parking garage, and another tower will be constructed to the west of the existing casino area. The north tower has a maximum height of 180 feet, and the south tower has a maximum height of 165 feet. Tower 1 has a maximum height of 180 feet, Tower 2 has a maximum height of 174.5 feet, Tower 3 has a maximum height of 270.5 feet, and Tower 4 has a maximum height of 334.5 feet. The towers are a glazed aluminum window wall system with EIFS fenestration to meet local energy standards.

The new south parking garage is 8 levels with a maximum height of 83 feet 7 inches. The parking garage is a painted concrete exposed structure with pre-cast concrete or stucco accent panels with sheer walls along with a pre-finished metal wall panel system and decorative aluminum sunshades and screening. Two central plants are proposed on the west side of the north parking garage, with a height of 58 feet. The new gaming areas, retail, commercial, offices, lounges, and restaurants are expanded adjacent to the existing casino areas and into the north and south towers. Additional casino areas, retail, restaurant, and amenity areas are provided within the 60 foot high podium base of the 4, new high-rise towers on the northwest portion of the site. The total square footage being added to the project is 1,001,146 square feet, with 496,750 square feet of new public areas, and 285,280 square feet of non-public areas. A one level subterranean parking garage consisting of 212 valet parking spaces is also proposed. The existing port-cochere will remain on the south east side of the project, and access to the new south parking garage is provided off Harmon Avenue via a shared driveway access on the west side of the site. The shared driveway will provide access to the 4 new high rise towers, gaming areas, and parking areas on the northwest side of the site. The total number of parking spaces required for this project, including existing and proposed development is 5,479 parking spaces where 3,945 parking spaces are provided.

This site is located in the MUD-1 and MUD-2 Overlay Districts; therefore, a pedestrian realm is provided along all street frontages, and includes a detached sidewalk. The minimum width of the pedestrian realm along Paradise Road and Harmon Avenue is 20 feet, and along the shared access road is 15 feet. Form 7460-1 was submitted to the FAA and a determination of No Hazard issued for building heights ranging from 155 feet to 344 feet, with an extension of the heights issued on August 6, 2006.

PriorLand Use Requests

The Hard Rock Resort Hotel was originally approved by action of UC-0201-91 for a 330 room hotel and casino, with variances to reduce parking, setbacks, allow signs above the roof line, permit outside dining, and encroachment into airspace. The most recent expansion of this resort hotel was approved by action of UC-1907-97 in February 1998. UC-0272-05, a request for additions to the Hard Rock Resort Hotel that involved 3 high-rise, 50 low-rise residential condominium structures, and increased building height was approved the Board of County Commissioners (BCC) in May 2005. UC-0272-05 (WC-0208-05), a request to waive noise attenuation for the structures was approved by the BCC in October 2005. UC-1465-06, a request for modifications to the Hard Rock Resort Hotel that included the addition of 349 hotel rooms, was approved by the BCC in December 2006. PRS-0148-06 is a pre-conference application associated with this request.

Surrounding Zoning and Land Use

To the north and south are H-1 (AE-65) zoned parcels developed with various hotel and commercial uses. East across Paradise Road are developed H-1 and C-2 zoned parcels, and a developed R-5 zoned multi-family development. To the west is a developed H-1 zoned parcel.

STANDARDS FOR APPROVAL:

The applicant shall demonstrate that the proposed request meets the goals and purposes of Title 30.

Analysis

Current Planning

This request for the expansion of the Gaming Enterprise District Overlay is appropriate and compatible because this area is master planned for gaming. The request meets all of the requirements set forth in Title 30 for the expansion of the Gaming Overlay. This property is zoned H-1, and planned Commercial Tourist in the Winchester/Paradise Land Use Plan. The project complies with all separations requirements from residential, educational, and place of worship uses as indicated on the survey submitted with the application. The proposed designs of the new structures are consistent architecturally with the existing Hard Rock Resort Hotel structures, and the expansion of the resort hotel will provide additional amenities and accommodations to guests. The requested deviations for parking and loading spaces typically associated with a resort hotel are supported by staff. The addition of pedestrian realms along street frontages will enhance the area. Staff is requesting as a condition of approval that the applicant enter into a development agreement. This is to ensure that any increased impacts to public services are mitigated and adequate amenities are provided. The development agreement will provide a mechanism whereby the County can request that the developers of this project assist in facilitating the Countys ability to provide these needed public services and infrastructure.

Department of Aviation

The development will penetrate the 100:1 notification airspace surface. Therefore, as required by 14 CFR Part 77, and Section 30.48.120 of the Clark County Unified Development Code, the Federal Aviation Administration (FAA) must be notified of the proposed construction or alteration. More importantly, the development will penetrate the Part 77 airspace surface (Airport Airspace Overlay District), as defined by Section 30.48.100 of the Clark County Unified Development Code. Therefore, as required by Section 30.16.210(12)(D) of the Clark County Unified Development Code, final action cannot occur until the FAA has issued an airspace determination and the Department of Aviation has reviewed the determination. Portions of the subject property lies within the official AE-65 (65-70 DNL) noise contour for McCarran International Airport and are subject to significant aircraft noise and continuing over-flights. Future demand for air travel and airport operations is expected to increase significantly. Clark County intends to continue to upgrade McCarran International Airport facilities to meet future air traffic demand.

Staff Recommendation

Approval. This is a project of regional significance and will be forwarded to the Board of County Commissioners for final action on July 18, 2007.

If this request is approved, the Board and/or Commission finds that the application is consistent with the standards and purpose enumerated in the Comprehensive Plan, Title 30, and/or the Nevada Revised Statutes.

PRELIMINARY STAFF CONDITIONS:

Current Planning

A Development Agreement as agreed upon by the applicant to mitigate impacts of the project including but not limited to issues identified by the technical reports and studies, and issues identified by the Board of County Commissioners (grading, underground utilities, permits for the central plants, Phase IA interior and facade remodel of the existing buildings, and parking garages and surface parking areas may be issued prior to final approval of the development agreement);

The developer will negotiate with Clark County in good faith to route a road generally running along the northern portion of the site to connect with any future connections to Howard Hughes Parkway and Rochelle Avenue to the west, following a route to be determined by the developer and otherwise on terms and conditions acceptable to both Clark County and the developer;

Commence construction of a parking garage for the initial phase of the additions prior to obtaining permits for all other buildings;

Design review as a public hearing on final plans for Towers 1 through 4;

Design review as a public hearing for any significant changes to the plans;

A minimum 20 foot pedestrian realm along Paradise Road and Harmon Avenue as shown on plans;

All applicable standard conditions for this application type.

Applicant is advised that approval of this application does not constitute or imply approval of a liquor or gaming license or any other County issued permit, license, or approval; any change in circumstances or regulations may be justification for the denial of an extension of time; and that this applicationmust commence within 2 years of approval date or it will expire.

Civil Engineering

Right-of-way dedication of an additional 5 feet for Harmon Avenue to achieve a 10 foot travel lane on Harmon Avenue;

Coordinate with Clark County Public Works the Paradise Road/Harmon Avenue projects;

Detached sidewalk will require dedication to back of curb and granting necessary easements for utilities, pedestrian access, streetlights, and traffic control, which may require a vacation of excess right-of-way or execute a License and Maintenance Agreement for non-standard improvements in the right-of-way;

Traffic study and compliance;

Traffic study to also address: a) dedication and construction of bus turnouts including passenger loading/shelter areas in accordance with Regional Transportation Commission standards, b) on-site circulation, c) installation of communication infrastructure for the Freeway and Arterial System of Transportation (FAST), and d) identification and implementation of Traffic Demand Management (TDM) measures;

Provide right turn lanes at all driveways into the site as per traffic study requirements;

Drainage study and compliance;

Applicant to sign a License and Maintenance Agreement for any non-standard improvements within or over any right-of way;

No building permits shall be released for the project prior to the Department of Aviation notifying Zoning Plan Check that the applicant has received all necessary airspace approvals;

Applicant is required to file a valid FAA Form 7460-1, "Notice of Proposed Construction or Alteration" with the FAA, in accordance with 14 CFR Part 77, or submit to the Director of Aviation a "Property Owner's Shielding Determination Statement" and request written concurrence from the Department of Aviation;

If applicant does not obtain written concurrence to a Property Owner's Shielding Determination Statement, then applicant must also receive either a Permit from the Director of Aviation or a Variance from the Airport Hazard Areas Board of Adjustment (AHABA) prior to construction as required by Section 30.48 Part B of the Clark County Unified Development Code.

Applicant is advised that the FAA's determination is advisory in nature and does not guarantee that a Director's Permit or an AHABA Variance will be approved; incorporate an exterior to interior noise level reduction into the building construction as required by Code; the Federal Aviation Administration will no longer approve remedial noise mitigation measures for incompatible development impacted by aircraft operations which was constructed after October 1, 1998; and that funds will not be available in the future should the residents wish to have their buildings purchased or soundproofed.